- 1. Overview of This Agreement
- 1. Plus One Marketing Ltd. (Plus One Marketing) stipulates this agreement on the service of a FREETEL Prepaid SIM for Japan (the Service) and provides the Service.
- 2. Plus One Marketing may change the content of the Service.
- 3. The Service is provided in the service area in Japan specified by Plus One Marketing.
- 2. Term of the Service
- 1. The agreement on the use of the Service (the Service Agreement) is regarded to be made into effect when the purchaser of a SIM card necessary for using the Service (the SIM Card) has established, for the first time, communication using the Service, and the purchaser is defined as the Contractee.
2. The term of the Service after the Service Agreement is made into effect shall be either of the following. It should be noted that the term of the Service shall not be extended even if the Contractee adds data communication traffic during the term of the Service by using a coupon card/coupon cards for the Service which has/have been issued by Plus One Marketing (Recharging).
(1) FREETEL Prepaid 1 GB Data SIM for Japan: 7 days starting on the next day of initial communication
(2) FREETEL Prepaid 2 GB Data SIM for Japan: 30 days starting on the next day of initial communication
- 3. If, regardless of the preceding clause, data communication traffic using the Service (including Recharging) reaches the communication traffic limit specified by Plus One Marketing for the SIM Card, the communication speed shall be restricted, while the Contractee can still continue to use the SIM Card within the term of the Service.
- 3. Restriction on the Transfer of the Rights
- 1. The Contractee shall not transfer the right to receive the Service based on the Service Agreement and the SIM Card to any other parties.
- 2. The Contractee shall not allow any third party to use the Service.
- 4. Authentication Information
- 1. The Contractee is liable for securing the phone number and the passcode accompanying the SIM Card (the Authentication Information) and shall not allow any third party to use it.
- 2. Upon the Contractee's exercising the contractual right of the Service, Plus one Marketing may request the Contractee to present the Authentication Information to it.
- 3. Plus One Marketing shall not be liable for the Contractee's damages or any third party's damages inflicted on by the Contractee due to the misappropriation of the SIM Card.
- 5. Conditions for Using the Service
Upon using the Service, the following conditions apply.
(1) The Contractee shall not use the Service using any IP address other than the IP address specified by Plus One Marketing.
(2) The Contractee shall neither use the Service using any means of communication other than the SIM Card nor exercise communication through any access point other than the dial-up access point specified by Plus One Marketing.
(3) The Contractee shall observe the following.
(i) Unless approved by Plus One Marketing, the Contractee shall not disassemble or damage the SIM Card, reverse-engineer its software or use it in any way other than the ordinary way of using it as the SIM Card.
(ii) Unless approved by Plus One Marketing, the Contractee shall not take the SIM Card outside Japan.
(iii) The Contractee shall manage the SIM Card with due care of a prudent manager.
(4) If the use of the Service terminates for any reason whatsoever or if the Contractee terminates the use of the SIM Card, the Contractee shall return the SIM Card to Plus One Marketing without delay.
(5) If the SIM Card is lost or damaged, its substitute shall not be provided by Plus One Marketing.
(6) The Contractee shall not use the Service using any terminal device other than one specified by Plus One Marketing or terminal devices which conform to the technical standard stipulated by applicable laws.
- 6. Restriction of Use on Child Pornography
- Plus One Marketing may restrict communication to view or obtain child pornography specified by the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 52 of May 26, 1999).
- 7. Suspension of Use
- Plus One Marketing may suspend the Service in the event of maintenance or failure of its electric communication facilities or of other unavoidable causes. In this case, Plus One Marketing shall make public the fact of such suspension on its Website of the Service or by other means.
- 8. Termination of Use
If any of the following applies to the Contractee, Plus One Marketing may terminate all or part of the Service or restrict its use.
(1) The Contractee breaches any of its obligations under the Service Agreement.
(2) The Contractee has used the Service illegally or in a way apparently contrary to public order and morality.
(3) The Contractee has used the Service in a way which gravely hinders the direct or indirect use, by other users, of the services provided by Plus One Marketing.
(4) The Contractee has used the Service in a way which may impair the credibility of the services provided by Plus One Marketing.
(5) Other than the preceding items, the Contractee has used the Service in a way which Plus One Marketing judges inappropriate.
- 9. Termination of the Service Agreement
Plus One Marketing may terminate the Service Agreement if the following applies.
(1) The use of the Service has been terminated based on the preceding article, and Plus One Marketing has concluded that the Contractee's cause of the termination of use has not been dissolved.
- 10. Exclusion and Limitation of Liabilit
- 1. Plus One Marketing shall not warrant in any forms the availability and delay time of communication and other qualities of communication.
- 2. Plus One Marketing shall not be liable to the Contractee for any damage of any cause regarding the use of the Service. This, however, does not apply if the damage is caused by Plus One Marketing's intentional or grave negligence.
- 3. If Plus One Marketing has compensated a third party for the damage that the Contractee has inflicted on it, Plus One Marketing can claim the compensation against the Contractee.
- 11. Language of the Service Agreement
- The "FREETEL Prepaid SIM for Japan Agreement" written in Japanese is the formal agreement between Plus One Marketing and the Contractee. Any corresponding document written in a language other than Japanese is a mere translation for reference and is not valid as a formal document of agreement.
- 12. Applicable Laws and Exclusive Agreement Jurisdictional Court
- This Agreement shall be governed and construed in accordance with the applicable laws of Japan. If the necessity of a lawsuit arises between Plus One Marketing and the Contractee, the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance for Plus One Marketing and the Contractee.